Full question:
I happened to hear the term “annulment of marriage” from a friend and am curious to know more about it. How is a divorce different from annulment in Michigan?
- Category: Divorce
- Date:
- State: Michigan
Answer:
Divorce is the legal process of ending a marriage whereas an annulment of marriage is a process that declares a marriage never existed. The grounds for divorce in Michigan is laid out in MCLS § 552.6 which states:“(1) A complaint for divorce may be filed in the circuit court upon the allegation that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. In the complaint the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.
(2) The defendant, by answer, may either admit the grounds for divorce alleged or deny them without further explanation. An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination.
(3) The court shall enter a judgment dissolving the bonds of matrimony if evidence is presented in open court that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
(2) The defendant, by answer, may either admit the grounds for divorce alleged or deny them without further explanation. An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination.
(3) The court shall enter a judgment dissolving the bonds of matrimony if evidence is presented in open court that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
The grounds for annulment of a marriage are several:
- Bigamy: Bigamy occurs when one spouse was already married to another living person at the time of the second marriage. This type of marriage is void ab initio. MCLS § 552.6 states:
- Force or Fraud: When the consent of a spouse was obtained by force or fraud, and the husband and wife did not live together voluntarily after the marriage, then the marriage may be annulled.
- Age: In Michigan, a person under the age of 16 is not permitted to get married without permission in the form of a signed court order.
- Incapacity: If a spouse suffered from a physical incapacity, defect or infirmity at the time of the marriage, the marriage may be annulled if the validity is questioned before the court within two years of such marriage. However, if the spouse who was incapable at the time of marriage becomes capable subsequently and the couple continues to live together, then the marriage will become valid.
- Prohibited relationships: Certain relatives of a man and a woman are prohibited from getting married under the MCLS § 552.3 and 552.4.
“A man shall not marry his mother, sister, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or cousin of the first degree, or another man.”
MCLS § 552.4 reads:
“A woman shall not marry her father, brother, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or cousin of the first degree, or another woman.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
